სუბროგაციის პრინციპის გამოყენების დაუშვებლობა სამოქალაქო პასუხისმგებლობის დაზღვევისას

Insurance is becoming more and more important with the development of social relations. Civil turnover is accompanied by risks that the subject of the law tends to avoid or reduce. It is the risk that the insurance company offers to its clients. For this he receives an insurance premium in return.
The rules of insurance law have several purposes. The most important of these is to avoid unjust enrichment. It applies to both the insurer and the injured party. The principle of subrogation applies in the insurance law to exclude the possibility of unjust enrichment of a person, which implies the transfer of the right of claim to the insurer. The paper discusses the essence, meaning and goals of subrogation. A prerequisite for its use is compensation for accidental damage caused by insurance.
The application of the principle of subrogation to the insurer's family is excluded, except in the case of intentional damage. The purpose of the restriction is to protect the property of the insurer. It should be noted that the family should not be understood only in a formal sense and for the purposes of insurance law it should be interpreted as the cohabitation of partners and the implementation of a single family farm, regardless of whether such a union is registered.
Civil liability is one type of insurance. The Insurer assumes the risk of committing a possible unlawful act by the Insurer. Its purpose is to release the insurer from property liability. It is important to note that the insurer's liability for damages does not apply in the event of intentional damage. The legislator in such a case leaves the insurer beyond protection.
The present paper contrasts subrogation and civil liability insurance. It can be said that this is a conflict of interests between the insurer and the insurer, which must be resolved in favor of the insurer itself based on the essence and purposes of civil liability insurance. It is not permissible for a person to pay an insurance premium and then claim compensation for the damage caused.
The paper also Anti-subrogation rules in Georgian law and Georgian court practice are discussed. The court decision on the application of the principle of civil liability insurance subrogation has been criticized.